South Dakota Labor Laws

Effective January 1, 2022, the minimum wage for non-tipped employees in South Dakota is $9.95/hour.

Beginning January 1, 2022, the hourly minimum wage for tipped employees is no less than $4.975/hour. The employer must make sure the employees receive no less than the current minimum wage and must keep a record of all tips received by employees.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($9.95 per hour) by 1½ (1.5), subtract the tip credit ($4.975 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

South Dakota does not have a law requiring an employer to provide rest breaks and meal periods

Yes. Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, then the employer may pay the employee the tip, less that percentage. This charge on the tip may not reduce the employee’s wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.

South Dakota has no law requiring paid leave. This is a matter of employer policy. 

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Bangs McCullen Law Firm


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